HomeMy WebLinkAbout03- Public Works DEVELOPMENT DEPARTMENT OF THE
CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
From: Roger G. Hardgrave, Dir. Subject: Authorization to
of Public Works/City Engr. Execute License
Agreement - Instal-
lation of Supports
Date: 8-16-93 for Canopy - Jerseys
Sports Grill and
Billiard Club
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Synopsis of Previous Commission/Council/Committee Action:
07-19-93 -- Form of Participation Agreement and loan guarantee
approved.
08-02-93 -- Request for encroachment permit approved in prin-
ciple.
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Recommended Motion:
Adopt resolution.
Rog r G. -Hardgrave, Dir. of P.W. /C.E.
cc: K. Henderson n�
Timothy—Steinhdus, Agency Administrator
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Contact Person: Roger G. Hardgrave Phone: 5025
Project Area: Central City Ward(s) : 1
Staff Report,
Supporting Data Attached: License Agreement & Resolution
FUNDING REQUIREMENTS: Amount: $ N/A Source:
Budget Authority:
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Commission/Council Notes:
Agenda Item No. :_
DEPARTMENT OF PUBLIC WORKS
STAFF REPORT
Authorization to Execute License
and Agreement
Jerseys Sports Grill and
Billiard Club
At the Council meeting of 8-2-93 , the request for an encroachment
permit for two small supporting poles for the canopy was approved
in principle.
The standard form License and Agreement provides, in general,
that the developer can install the two support poles within the
public sidewalk area, subject to provision of the prescribed
insurance certificate. Furthermore, the City may terminate the
Agreement by giving 30 days written notice.
The applicant has paid the prescribed $500. 00 administrative fee
to cover the processing costs.
We recommend that the License and Agreement be approved.
8-16-93
lowk
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AND AGREEMENT WITH JERSEYS SPORTS GRILL
3 AND BILLIARD CLUB, AT 440 WEST COURT STREET, RELATING TO THE
INSTALLATION OF SUPPORT POLES WITHIN THE PUBLIC SIDEWALK.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, a License and Agreement with Jerseys Sports Grill and
9 Billiard Club relating to the installation of two support poles
10 within the public sidewalk, at 440 West Court Street, a copy of
11 which is attached hereto, marked Exhibit "A" and incorporated
12 herein by reference as fully as though set forth at length.
13 SECTION 2 . The agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not be
15 obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authorized.
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8/16/93
RES 0 AUTHORIZING EXECUTION OF LICENSE AND AGREEMENT WiT11
JERSEYS SPORTS GRILL AND BILLIARD CLUB RELATING TO SUPPORT
POLES I .'HIN PUBLIC SIDEWALK.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1993 , by the following vote, to-wit:
5 Council Members : AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 (OFFICE VACANT)
11 POPE-LUDLAM
12 MILLER
13
14 Rachel Clark, City Clerk
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The foregoing resolution is hereby approved this
16
day of 1993.
17
18 Tom Minor, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
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LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT is made and entered into this
day of
19 , by and between JERSEYS SPORTS
GRILL AND BILLIARD CLUB hereinafter sometimes referred to as
"Licensee" , and the CITY OF SAN BERNARDINO, a municipal
corporation, hereinafter sometimes referred to as "City" .
WITNESSETH:
For and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1 . City hereby gives permission, revocable and terminable as
hereinafter provided, to Licensee to erect, in conformance with
existing laws on a certain portion of the public sidewalk located
at 440 West Court Street "Jerseys Sports Grill and Billiard Club,
support poles at such
San Bernardino, California, two canopy ppo P
location and subject to any requirements or conditions as may be
imposed by the Director of Public Works/City Engineer and the
Director of the Planning and Building Services of the City.
2 . This permission is given to Licensee as an accommodation
to Licensee and shall be rent free.
3 . Licensee hereby acknowledges the title and paramount
interest of City to the sidewalk and agrees never to assail or
resist said title or interest and to observe present or future set-
back requirements relating thereto.
4 . City reserves the right to terminate the permission hereby
given at any time by giving Licensee at least thirty (30) days
1
FLR/aL[License.1] EXHIBIT 'A'
written notice of such termination, except that City may, at its
election, .. terminate said permission forthwith at any time if
Licensee shall fail to comply with or abide by each and all of the
r keep each and all of the Licensee' s promises
provisions hereof o
herein. waiver by City of any breach of any term or provision
hereof shall not be deemed a waiver of any subsequent breach of the
same or any other term or provision hereof .
5 . Licensee agrees to construct the two canopy support poles
only with the specific written authorization of the Director of
Public Works/City Engineer and at that site as is designated by the
Director of Public Works/City Engineer. The two canopy support
poles shall be maintained at all times in a safe, neat, sightly and
good physical condition. Licensor shall be the sole judge of the
quality of maintenance, and upon written notice by licensor,
through its Director of Public Works/City Engineer, stating in
general terms how and in what manner the maintenance is required,
licensee shall be required to perform such required maintenance.
If licensee fails to do so, then licensor shall have the right to
perform this maintenance, the cost of which shall be borne by
licensee. Licensee further agrees to erect and maintain the two
canopy support poles in conformity with all building codes, rules,
regulations and guidelines of the City of San Bernardino. Licensee
shall at its own responsibility and expense obtain and keep in
effect all licenses, bonds and permits necessary for the
installation and existence of the two canopy support poles. .
6 . Upon termination of this agreement, licensee agrees tb-
FLR/alCLicense.17
2
immediately remove the two canopy support poles from the premises
and to restore the site to its original condition. If licensee
fails to exercise its duties under this paragraph, licensor shall
have the right to remove the two canopy support poles and restore
the premises at no cost or liability to the city. Licensee
covenants and agrees to reimburse licensor for such removal and/or
restoration.
7 . Licensor shall in no way be responsible for loss of or
damage to the two canopy support poles or for any property
belonging to or rented by licensee, its officers, servants, agents
or employees that may be stolen, destroyed or in, any way damaged
during the erection or maintenance of the handicap ramp, and
licensee indemnifies licensor, its officers, agents, servants and
employees from and against any and all such claims.
8 . Licensee agrees to indemnify and defend licensor, its
officers, agents, servants and employees against any claims or
suits for property loss or damage and/or personal injury, including
death, to any persons, of any character, whether real or asserted,
arising out of or in connection with the existence, maintenance,
use, or in connection with the existence, maintenance, use , or
location of the two canopy support poles whether or not caused, in
whole or in part, by alleged negligence of officers, agents,
servants, employees, contractors, subcontractors, licensees or
invitees of licensor; and licensee assumes all liability and
responsibility of licensor, its officers, agents, servants and
employees for those suits or claims . Licensee shall likewise
FLR/aLCLicense.11 3
OWN
indemnify licensor for any injury or damage to the premises,
whether arising out of or in connection with any acts or omissions
of licensee, its officers , agents, employees, contractors,
subcontractors, licensees, invitees or trespassers, or caused in
whole or in part by alleged negligence of officers agents,
servants, employees, contractors, subcontractors, licensees or
invitees of licensor.
9 . Licensee agrees to furnish licensor with a certificate of
insurance as proof that it has secured and paid for a policy of
public liability insurance covering all public risks related to the
use, maintenance, existence or location of the two canopy support
poles . The amounts of that insurance shall be as follows:
Property damage, per occurrence $1, 000,000 CSL
Personal injury or death, per occurrence $1,000,000 CSL
with the understanding of and agreement by licensee that such
insurance amounts shall be revised upward at licensors option and
licensee will so revise such amounts within thirty (30) days
following notice to licensee of those requirements .
10 . This license is personal to licensee. It is
nonassignable and any attempt to assign this license wil terminate
the license privileges granted to licensee under this agreement.
11 . Licensee agrees that should any action, whether real or
asserted, at law or in equity, rise out of the terms of this
agreement, or by licensee' s operations on the premises, venue for
that action shall lie in San Bernardino County, California.
FLR/aLCLicense.13 4
• 12 . In any action brought by licensor for the enforcement of
the obligations of licensee, licensor shall be entitled to recover
interest and reasonable attorney' s fees .
In witness , the parties have executed this agreement
19_
Tom Minor, Mayor
of S rnardino
Licensee
Approved as to
form and legal content:
James F. Penman
City Attorney
FLR/aLCLicense.11 5